SPOKANE WATER RATES CLASS ACTION

What is the lawsuit about?

Plaintiffs John E. Durgan, Tawndi L. Sargent, and Kristopher J. Kallem (the “Class Representatives”) allege that (1) the City of Spokane (“Defendant”) unlawfully overcharged unreasonable and unjustified OUTSIDE CITY water rates, and that (2) Plaintiffs Durgan, Sargent, and Kallem, and all others similarly situated, are entitled to money damages including a refund of all amounts overcharged by the City. The City denies these claims.

This lawsuit is known as Durgan, et al. v. City of Spokane, Spokane County Superior Court Cause No. 17-2-02507-5.  On May 25, 2018, Spokane County Superior Court Judge Julie M. McKay certified this lawsuit as a class action.

Who is in the certified class?

All current and former residents and businesses of Spokane County, Washington who: (1) are or were at all times material hereto water utility customers of the Defendant City located outside the City’s limits and within the City’s water service area and (2) were charged by and required to pay to the City higher water services rates (i.e., “Outside City” water services rates) than water utility customers located within the City’s limits were charged by and required to pay to the City.

If you are a class member and you want to participate in the lawsuit, you do not need to do anything else at this time. You will automatically be a part of the case and will receive more information in the future.

What is the deadline to “opt-out”?

If you do not want to participate in the lawsuit, you must complete the Request to Be Excluded and return it to Class Counsel on or before July 5, 2019.

Court of Appeals Ruling

On February 6, 2024, the Court of Appeals ruled that the City of Spokane must comply with both RCW 35.92.010 and RCW 80.28.010(1) in setting water rates, and those rates must be just, fair, reasonable, and sufficient. The ruling may be viewed on the Pleadings and Important Documents page.